Bench allowed the petition solely to note that quashing proceedings after framing of charge, especially after a rejected discharge application on same grounds, is improper. Petition dismissed without independent reasoning.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICITON
WRIT PETITION NO. 3568 OF 2017
Ravindra P. Giri. and Others.
..Petitioners.
Versus
State of Maharashtra & Another.
..Respondents.
Mr. A. L. Bhise I/b Vikrant Sabne for the Petitioners Mr. S. R. Shinde, APP for the Respondent-State.
Coram : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ. Date : March 18, 2019 .
P. C. :
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patilsr
attention to the complainant's statement which is at page No.26 of the petition as well as to the complaint filed by him under section 156(3) of the Code of Criminal Procedure, 1973 and submitted that incorrect / wrong statements are made therein by the complainant. By now it is settled position in law that veracity of the allegations made in the complaint cannot be gone into at the stage of quashing.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
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2 issues framed by the court
Whether a writ petition for quashing criminal proceedings pending after framing of charge should be entertained when discharge has already been rejected on the same ground.
Whether veracity of allegations in the complaint can be examined at the stage of quashing proceedings under the established legal position.
Colour shows how this judgement treated each authority
Anup Sarmah v. Bhola Nath SharmaDistinguished¶17
Anup Sarmah v. Bhola Nath Sharma [(2013) 1 SCC 400] · Who else cites this
Ravindra P. Giri
State of Maharashtra
Ranjit More
Bharati H. Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
